The landlord or lessor, his legal representatives, agents, or assigns, in order to have the benefit of such proceedings, shall present to the court a sworn affidavit that contains the facts which, according to Section 89-7-27, require the removal of the tenant, describing in the affidavit the premises claimed and the amount of rent and any late fees due and when payable, and that the necessary notice has been given to terminate such tenancy. These facts shall be based on the rental agreement signed or agreed to by the landlord or lessor, his legal representatives, agents, or assigns, and the tenant. Upon receipt of the sworn affidavit, the court shall initiate the removal of the tenant for the nonpayment of rent or other event of default contained in any written agreement between the parties, as specified in the affidavit.
Structure Mississippi Code
Title 89 - Real and Personal Property
Chapter 7 - Landlord and Tenant
§ 89-7-1. Goods not to be removed until rent paid
§ 89-7-3. Tenant not bound to pay rent for, or to restore, buildings destroyed; exception
§ 89-7-5. Action for use and occupation where there is no contract
§ 89-7-7. Remedy by action for rent in arrear
§ 89-7-9. Death of tenant for life; apportionment of rent
§ 89-7-11. Rent assets in hands of personal representative
§ 89-7-13. Executor or administrator may sue or distrain
§ 89-7-15. Rights of assignees of lessor
§ 89-7-17. Grants of rents, good without attornment
§ 89-7-19. Attornment of tenant to stranger void; exception
§ 89-7-21. Rights of lessees against assignees of lessor
§ 89-7-23. Notice to terminate tenancy
§ 89-7-25. Tenant holding after notice liable for double rent
§ 89-7-27. Proceedings against tenant holding over
§ 89-7-29. Affidavit to remove
§ 89-7-37. Defense may be made
§ 89-7-39. Continuances, subpoenas
§ 89-7-43. Judgment for defendant
§ 89-7-45. When warrant for removal may issue in cases of nonpayment of rent
§ 89-7-49. Proceedings when tenant deserts premises
§ 89-7-53. Lien for live stock, implements and vehicles
§ 89-7-55. Attachment for rent and supplies; who entitled to and for what
§ 89-7-59. Before whom complaint made
§ 89-7-69. Goods sold if not replevied
§ 89-7-71. Form of bond for payment of rent
§ 89-7-73. Bond delivered to lessor, and proceedings thereon
§ 89-7-75. Remedy when claim not due in certain cases
§ 89-7-77. Goods removed before debt due, distrained
§ 89-7-79. Goods removed, seized within thirty days
§ 89-7-81. Distress may be made after termination of lease
§ 89-7-83. Sale of goods stopped without bond
§ 89-7-85. Distress to be reasonable, and property seized not to be removed from county
§ 89-7-87. Irregularities not to affect distress
§ 89-7-89. How goods replevied
§ 89-7-91. Summons or publication for party distraining
§ 89-7-93. Form of replevin-bond
§ 89-7-95. Party replevying to propound claim
§ 89-7-97. Form of declaration
§ 89-7-99. Pleas to the declaration
§ 89-7-105. Replication in case rent not due
§ 89-7-107. Replevin; when triable, and judgment upon default
§ 89-7-109. Suit revived in case of death of party
§ 89-7-111. Judgment if trial results against lessor
§ 89-7-113. Papers transferred, if returned to wrong court
§ 89-7-115. Tenant's remedy against landlord
§ 89-7-117. Property of strangers not liable
§ 89-7-119. Replevin of property by strangers
§ 89-7-121. Form of affidavit by third person